Upcoming changes for international students in Canada
Canada is facing considerable labour shortages resulting from a myriad of factors including its aging population and declining birth rates. As a result, our immigration strategy going forward must help drive the growth of our labour force and economy, and the value of international students cannot be overlooked. In fact, international students contribute hugely – over $20 billion annually – to the economy.[1]
In recognition of this, the Government of Canada has announced new measures that will be attractive to both international students and Canadian employers seeking to address their labour gaps.
Expanded off-campus work eligibility for study permit holders in Canada
Currently, international students are eligible to work off-campus during the course of their studies in Canada if they meet specific eligibility criteria. For example, they must be attending one of Canada’s designated learning institutions on a full-time basis in a program that is at least six months in length and that will lead to a degree, diploma, or certificate. These students do not require a separate work permit, but rather the eligibility to work off-campus will be noted in the conditions section of their study permit. This work eligibility allows international students to support themselves while they complete their studies, gain valuable Canadian work experience, and make connections with employers that may lead to full-time positions after graduation. That said, the eligibility to work on a study permit is limited to 20 hours per week during regular academic sessions (full-time work is only allowed during scheduled academic breaks).
Per the October 7, 2022 announcement from the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, a new temporary measure will apply between November 15, 2022 and December 31, 2023 such that international students in Canada who hold a study permit with off-campus work authorization and who meet certain criteria will not be restricted by the 20-hour-per-week limit.
Not only will this allow international students to gain more work experience while attending school, but it also provides additional labour for Canada’s employers, given there are over half-a-million international students presently in Canada.[2] Note, that this announcement does not appear to change the fact that Canadian work experience gained as a full-time student cannot be counted towards an Express Entry score.
That said, international students must be cautious that they maintain full-time student status, even when taking on additional work hours.
Automated processing of study permit extension applications
Additionally, Immigration, Refugees and Citizenship Canada (“IRCC”) is also launching a new pilot project to explore the benefits of automating study permit extension applications. Students who are already in Canada on a valid study permit may need to apply online from within Canada to extend their student status. Given these individuals have already applied and been approved for temporary resident status as students, the extension applications typically have very high approval rates. Therefore, IRCC is leveraging automation technology to expedite processing of these straight-forward applications to ultimately reduce backlogs and improve processing times. Complex applications will still be reviewed manually, and refusals will always come from an officer despite this pilot. If the pilot is successful, there is potential for future expansion.
This update is intended for general information only. If you have further questions about these programs or are an employer seeking to support your workers, please contact a member of our Immigration Group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
[1] https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/immigration-matters/track-record.html
[2] https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/10/international-students-to-help-address-canadas-labour-shortage.html
Archive
By Alanna Waberski and Isaac McLellan On September 21, 2022, the Government of New Brunswick released its renewed climate change action plan which aims to help the province adapt to climate change while steering New…
Read MoreCourt upholds mandatory vaccine policy – Placing employee on unpaid leave not constructive dismissal
Mark Tector and Ben Currie While there have been a number of arbitration decisions on the subject, Parmar v Tribe Management Inc., 2022 BCSC 1675 appears to be the first reported civil court decision to…
Read MoreSadira Jan, Dave Randell, and James Gamblin Nova Scotia (“NS”) and Newfoundland and Labrador (“NL”) are positioned to become international leaders in offshore wind and green hydrogen. Each province has expansive offshores areas, abundant wind…
Read MoreKevin Landry and Nikolas Shymko The Cannabis Act came into force on October 17, 2018, putting in place framework for controlling the sale, possession, production and distribution of cannabis. The Cannabis Act requires the Minister…
Read MoreBrendan Sheridan and Brittany Trafford. Many events and workplaces started to feel more normal over the summer as we emerged from over two years of restrictions and COVID-19 pandemic precautions. However, as people line up…
Read MoreBy Level Chan and Shaniqwa Thomas The Canadian Association of Pension Supervisory Authorities (CAPSA) has extended its deadline for submissions to October 14, 2022 on the following draft guidelines: Approach to Risk Management Guideline; Environmental,…
Read MoreBy Nancy Rubin, K.C. and Levi Parsche What happens if a person accidentally makes payment to a hacker, instead of to the person they actually owe money? Should they have to pay again? In the…
Read MoreG. Grant Machum and Ben Currie On Tuesday, September 13, 2022, Prime Minister Justin Trudeau declared a federal holiday on Monday, September 19, 2022 to honour the death of Queen Elizabeth II. Minister of Labour…
Read MoreKevin Landry, Matt Jacobs Shareholder agreements are a key part of corporate governance. Nova Scotia is unique from other Canadian jurisdictions because the Companies Act (Nova Scotia) doesn’t contemplate ‘Unanimous Shareholder Agreements’ as other corporate…
Read MoreBy Kathleen Leighton Last year, Canada boasted record admissions of permanent residents, despite the COVID-19 pandemic, and has an even more ambitious target for 2022 – namely, to welcome 431,000 permanent residents to the country.…
Read More